Glenn v. Pol

United States District Court, W.D. Michigan, Southern Division

July 17, 2017

LARON GLENN, Plaintiff,v.A. POL et al., Defendants.

OPINION

ROBERT
J. JONKER, CHIEF UNITED STATES DISTRICT JUDGE

This is
a civil rights action brought by a state prisoner under 42
U.S.C. § 1983. The Court has granted Plaintiff leave to
proceed in forma pauperis. Under the Prison
Litigation Reform Act, Pub. L. No. 104-134, 110 Stat. 1321
(1996), the Court is required to dismiss any prisoner action
brought under federal law if the complaint is frivolous,
malicious, fails to state a claim upon which relief can be
granted, or seeks monetary relief from a defendant immune
from such relief. 28 U.S.C. §§ 1915(e)(2), 1915A;
42 U.S.C. § 1997e(c). The Court must read
Plaintiff's pro se complaint indulgently,
see Haines v. Kerner, 404 U.S. 519, 520 (1972), and
accept Plaintiff's allegations as true, unless they are
clearly irrational or wholly incredible. Denton v.
Hernandez, 504 U.S. 25, 33 (1992). Applying these
standards, the Court will dismiss Plaintiff's complaint
for failure to state a claim against Defendants Wells, Rees,
Blair, Nelson, Lansky, Muas, Smith, and Christiansen. The
Court will serve the complaint against Defendants Pol,
Mygrams, Bowerman, Mieres, Diane, and Thomas.

Plaintiff
wrote to Defendant Psychologist Mieres on March 11, 2016,
describing his deep depression with auditory and visual
hallucinations. Mieres did not come. Plaintiff alleges that
Defendant Mieres wrote a major misconduct against Plaintiff
for his sexual misconduct.[2] Thereafter, it appears that Plaintiff
slashed his arm with a razor, causing a deep
cut.[3]
He passed the razor to his neighbor, but he told the officers
that he had swallowed it, to prevent the guards from
“shaking down the unit.” (Compl., ECF No. 1,
PageID.9.) Plaintiff alleges that he bled so much that he got
dizzy and passed out. Unidentified officers took Plaintiff to
the shower room, where he was strip-searched and
cavity-searched. Plaintiff complains that he was so depressed
that he felt lifeless. He was taken to segregation and placed
on suicide watch. However, he was given no medical treatment
for his cut arm. Psychologist Gillium (not a Defendant)
visited him, but he felt unable to talk because no one cared.

Plaintiff
fell asleep. While he was sleeping, Defendant Psychologist
Pol visited Plaintiff's cell, but Plaintiff again did not
want to talk. Plaintiff had continued to bleed, and he was
caked with blood. Plaintiff went back to sleep, though he was
cold and had only a suicide gown and suicide blanket to cover
him.

At
about 2:20 p.m., after the change in shift, Plaintiff heard a
knock at the door and heard someone say, “[H]oly
sh*t.” (Id., PageID.10.) Defendant Bowerman
then looked at Plaintiff for a long time, so Plaintiff
ignored him and went back to sleep. Shortly thereafter, he
heard his food slot rattle, after which he felt something wet
on his legs and groin and realized that he was being maced.
The spraying continued for a long time. Bowerman yelled to
Plaintiff to stop cutting himself and continued to spray him.
Plaintiff yelled, “I was not fu*king cutting you
retarded bi*ch. I was fu*king sleep [sic] and you know
it.” (Id.) At that point other unidentified
officers arrived, ordered him to back up to the door, cuffed
him, and took him to the shower room. Plaintiff was then
ordered to shower. He contends that he was still bleeding.
Plaintiff told Defendant Bowerman that he would have Bowerman
assassinated by Plaintiff's brotherhood, a threat made to
keep Bowerman from killing him.

While
Plaintiff was in the shower, Psychologist Gillium came to the
shower. When Plaintiff told him that he did not want to live
anymore, Gillium advised him that he needed to take his
medications and stop denying that he was mentally ill.
Plaintiff responded that he was not more mentally ill than
Gillium.

When
Gillium left, Plaintiff was placed in belly chains and ankle
shackles and taken to the nurse. The unidentified nurse was
unable to close the wound with butterfly stitches. Plaintiff
stated that he needed real stitches, but she stated that she
was just concerned about stopping the flow of blood.

After
Plaintiff was treated, unidentified officers escorted him to
his cell and hog-tied him, making the chains so tight that he
could not walk. They then pushed him toward his bed, and he
fell against the concrete and cut his head. Plaintiff cursed
the officers and made threats to have them assassinated.
Plaintiff refused to eat that day. Officers kept Plaintiff in
the chains from 2:30 p.m. to 8:30 a.m. Plaintiff claims that
he had major back and leg cramps and that the cuffs were so
tight they cut into his arms, causing them to bleed. Neither
nurses nor supervisory officers checked on him. When
Plaintiff was removed from chains the next day, his back was
so sore that all he could do was lie in bed. He was not given
Advil to treat the pain for 74 days. He finally saw a health
care provider about his back pain on June 7, 2016.

Plaintiff
refused his food for about a week. Plaintiff told the
Prisoner Obervation Assistant (a prisoner) that the officers
hated him and wanted to hurt him because he was a sex
offender. Defendant Mygrams knocked on his door and said,
“You remember me. . . . I'm the one psych A. Pol
told to rush and gas you the other day so keep refusing to
eat your food if you want to.” (Id.,
PageID.14.) Mygrams left the cell and announced to the unit,
“This is whats going to happen to anyone who refuse to
talk to your psych. We not playing with yall no more.”
(Id. (verbatim).)

Plaintiff
was on suicide watch for 14 days. Plaintiff refused to speak
to Defendant Psychologist Pol, because Pol was the one who
made the police hurt him. Defendant Pol denied having the
power to do that. During the 14 days of suicide watch, the
nurses refused to give him a new wrap for his arm. All
nurses, including Defendants Thomas and Diane, told him that
they were only there to give him his medications. When
Defendant Nurse Thomas came to the cell, Plaintiff took the
wrap off his wound and showed her that the wound had not
closed and was oozing green pus. Defendant Thomas flinched,
but she refused to treat Plaintiff.

Also
during his suicide watch, Defendants Nelson, Blair, Bowerman,
Wells, and Rees denied Plaintiff grievances on April 1, 10,
and 21, 2016. Plaintiff kited the warden about issues on
March 23, 27, and 20, 2016, but he received no response.
Plaintiff also sent a kite to the grievance coordinator.
Plaintiff alleges that multiple misconduct tickets were
written against him and that he did not ...

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